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Robert F. Leibenluft
Partner, Washington, D.C.
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robert.leibenluft@hoganlovells.com

Bob Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues in the health, medical device, and pharmaceutical industries.
Upon completing law school, Bob worked as an attorney advisor in the Federal Trade Commission (FTC)'s Office of Policy Planning, concentrating on health and antitrust matters. In 1981, he joined Hogan & Hartson and became a partner in the firm in 1989. He practiced health law at Hogan & Hartson until January 1996 when he rejoined the FTC as Assistant Director for Health Care in the FTC’s Bureau of Competition. As head of the Health Care Division, Bob supervised a 25-30 person staff engaged in the review of mergers, acquisitions, and joint ventures involving hospitals, physicians, and other healthcare providers, as well as conduct in the healthcare and pharmaceutical industries. While at the FTC, Bob supervised the 1996 revisions of the FTC and DOJ Statements of Antitrust Enforcement Policy in Health Care in which the Agencies first addressed clinical integration. He rejoined Hogan & Hartson in September 1998.
Bob is an inaugural fellow of the American Health Lawyers Association, where he previously served as a Vice-President and member of the Board of Directors. He is a former Chair of the ABA Antitrust Section Joint Conduct Committee, Health and Pharmaceuticals Committee and State Enforcement Committee. He is Chair of the Board of Directors of HCI3, the parent company of Prometheus Payment Inc. and Bridges to Excellence. Bob is also an adjunct law professor at the George Washington School of Law where he teaches a course on Antitrust in the Health Care Sector.

Hogan Lovells Publications
21 February 2014 "NY Attorney General Forges New Ground in Scrutiny of Pharmaceutical Agreements With First-Filer Exclusivity No-Challenge Settlement." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

07 February 2014 "Federal Judge Limits Antitrust Scrutiny of Pharmaceutical Reverse Payments to Settlements Involving Monetary Transfers." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

27 January 2014 "District Court Blocks Hospital Acquisition of a Physician Practice, Concluding That Anticompetitive Effects Outweigh Potential Quality and Efficiency Gains From Consolidation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

08 November 2013 "FTC Finalizes Rule Extending Reporting Requirements for Pharmaceutical Patent Transfers." Antitrust, Competition and Economic Regulation Alert

19 September 2013 "Federal Judge Allows Nexium Reverse Payment Patent Settlement Suit to Proceed." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

26 June 2013 "Federal Judge dismisses monopolization claims against Sutter Health." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

18 June 2013 "Supreme Court overturns Eleventh Circuit in Reverse Payment Case." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

07 June 2013 "Another victory for the FTC on the state action doctrine." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

22 February 2013 "Supreme Court tightens the scope of antitrust immunity in government-owned hospital mergers." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

21 February 2013 "FTC issues advisory opinion approving physician hospital organization’s clinical integration model." Hospital Alert, Hogan Lovells

07 January 2013 "Focus on Life Sciences Industry Trends for 2013." Life Sciences Alert, Hogan Lovells

17 December 2012 "Key developments in "reverse payment" dispute: the Supreme Court agrees to weigh in, and a NJ court refuses to condemn exclusive authorized generics." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

01 October 2012 "FTC / DOJ workshop focuses on antitrust analysis of most-favored-nation clauses." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

14 August 2012 "FTC issues advisory opinion approving drug shortage initiative." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

19 July 2012 "The changing health care sector: tough new challenges for antitrust enforcers." Hospital Alert, Hogan Lovells

19 June 2012 "Third Circuit rules in favor of FTC view on pharmaceutical patent settlements: next stop, Supreme Court?" Antitrust, Competition, and Economic Regulation Alert, Hogan Lovells

June 2012 "Life Sciences Antitrust and Competition Update." Life Sciences Antitrust and Competition Update, Hogan Lovells

08 December 2011 "Life Sciences Antitrust and Competition Newsletter." Life Sciences: Competition & Antitrust Alert, Issue 18, Hogan Lovells

27 October 2011 "Insights and implications of CMS ACO final rule." Health Alert, Hogan Lovells

08 April 2011 "Implications of federal agencies' proposed guidance on accountable care organizations." Health Alert, Hogan Lovells

02 December 2010 "Life Sciences: Competition and Antitrust Newsletter, Issue 17.", Hogan Lovells

23 July 2010 "Life Sciences: Competition and Antitrust Alert, Issue 16." Competition and Antitrust Alert, Hogan Lovells

11 March 2010 "Life Sciences: Competition Antitrust Update, Issue 15." Life Sciences: Competition Antitrust Update, Hogan & Hartson LLP

23 November 2009 "Life Sciences: Competition Antitrust Update, Issue 14." Life Sciences: Competition Antitrust Update, Hogan & Hartson LLP

30 July 2009 "Life Sciences: Competition Antitrust Update, Issue 13." Life Sciences: Competition Antitrust Update, Hogan & Hartson LLP

15 July 2009 "European Commission Pharmaceutical Sector Inquiry Final Report - Drug Problems Remain But Commission Softens Its Stance." Antitrust Update, Hogan & Hartson LLP

27 March 2009 "Life Sciences: Competition & Antitrust Update: Issue 12." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

04 February 2009 "Omnicare v. UnitedHealth Group: Important considerations for companies exchanging information in a merger or acquisition context." Antitrust Update, Hogan & Hartson LLP

25 November 2008 "Life Sciences: Competition & Antitrust Update: Issue 11." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

12 August 2008 "Life Sciences: Competition & Antitrust Update: Issue 10." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

09 April 2008 "Life Sciences: Competition & Antitrust Update: Issue 9." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

25 March 2008 "Antitrust & Pharmaceuticals: U.S. and EU Authorities Focus Attention on Competition in Pharmaceutical Industry." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

25 March 2008 "Antitrust & Pharmaceuticals: U.S. and EU Authorities Focus Attention on Competition in Pharmaceutical Industry." Antitrust Update, Hogan & Hartson LLP

06 December 2007 "Life Sciences: Competition & Antitrust Update: Issue 8." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

18 May 2007 "IRS Memorandum for Health IT Subsidies." Health Update, Hogan & Hartson LLP

02 May 2007 "Life Sciences: Competition & Antitrust Update: Issue 6." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

31 January 2007 "Life Sciences: Competition & Antitrust Update: Issue 5." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

12 October 2006 "Life Sciences: Competition & Antitrust Update: Issue 4." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

29 June 2006 "Life Sciences: Competition & Antitrust Update: Issue 3." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

10 March 2006 "Life Sciences: Competition & Antitrust Update: Issue 2." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

12 December 2005 "Life Sciences: Competition & Antitrust Update: Inaugural Issue." Life Sciences: Competition & Antitrust Update, Hogan & Hartson LLP

01 August 2004 "The Antitrust Agencies' Joint Report on Healthcare and Competition: Few Surprises, But Some Useful Insights." Healthcare Antitrust Update, Hogan & Hartson LLP

01 November 2002 "Health Care Antitrust: What's Next from the Federal Agencies?" Focus On, Hogan & Hartson LLP

01 November 2002 "FDA's Proposed Generic Drug Rule." Update, Hogan & Hartson LLP

Published Works
27 February 2014 "The Antitrust Challenge to the St. Luke's/ Saltzer Medical Group Transaction: Implications for Hospital/ Physicians Consolidations." http://www.bna.com/, Bloomberg BNA

12 February 2014 "NY Hospital Settlement Could Be Model For Future Mergers.", www.law360.com

19 December 2013 "New Reporting Requirements for Pharmaceutical Patent Transfers." International Law Office

APRIL 2013 "Getting the Deal Through - US." Pharmaceutical Antitrust 2013, Global Competition Review

01 November 2012 "FTC-DOJ workshop focuses on antitrust analysis of most-favoured-nation clauses." International Law Office, Globe Business Publishing Ltd

May 2012 "Pharmaceutical Antitrust 2012: US Chapter." Getting the Deal Through, Law Business Research Ltd.

December 2011 "The ACO Antitrust Policy Statement: Antitrust Enforcement Meets Regulatory Rulemaking." The Antitrust Source, American Bar Association, December 2011

17 March 2011 "FTC Loses Lundbeck Drug Acquisition Challenge." International Law Office

22 December 2010 "ACOs and the Enforcement of Fraud, Abuse, and Antitrust Laws." The New England Journal of Medicine

19 July 2010 "Pharmaceutical life cycle management under the UK competition spotlight." European Pharmaceutical Contractor

February 2010 "Clinical Integration - The Key to Real Reform." TrendWatch, American Hospital Association

20 October 2009 "Pharmaceuticals in the USA: What impact will the new administration have on antitrust enforcement?" Competition Law Insight, Informa PLC

January 2009 "Hospital-Physician Collaborations: Antitrust and Health Care Fraud and Abuse Considerations." The Health Law Handbook, 2009, Thomson Reuters

April 2007 "Guidance for Clinical Integration." Working Paper, American Hospital Association

30 November 2005 "The FTC's Round One Victory in its Challenge to the Evanston Northwestern Hospital Merger: What Did the ALJ Find, and What Are the Implications?" American Health Lawyers Association Member Briefing

01 May 2004 "Clinical Integration: Assessing The Antitrust Issues." Health Law Handbook, Thomson West.

03 February 2003 "Health Care Antitrust Enforcement." The National Law Journal, American Lawyer Media

05 February 2001 "Antitrust: What Impact Will Bush Have?" The National Law Journal, American Lawyer Media

01 August 1999 "Attempts to 'Level the Playing Field' — Developments in HMO Merger Enforcement, Antitrust Exemptions, and Physicians Unions." Health Law Digest

01 January 1999 "Antitrust and Physician Unions." In Antitrust and Health Care: Insights into Analysis and Enforcement.

01 September 1998 "The Government Wins in Poplar Bluff - Has the Tide Turned for Hospital Merger Enforcement?" Antitrust Health Care Chronicle, ABA Antitrust Section Health Care Committee

RELATED EVENTS
19 May 2014
Leigh Oliver and Bob Leibenluft will speak at the Blue Cross Blue Shield National Summit.

17 April 2014
Leigh Oliver and Bob Leibenluft to speak on a AHLA Antitrust Bootcamp webinar.

26 February 2014
The Global Antitrust Corner – Are you in compliance?

20 February 2014
Antitrust Issues in Hospital Acquisitions of Physician Practices - Insights From FTC v. St. Luke’s Health System

12 December 2013
Better safe than sorry: antitrust compliance in an era of aggressive enforcement

PRACTICES
Antitrust, Competition and Economic Regulation
Health
Life Sciences Enforcement
Government Regulatory
INDUSTRY SECTORS
Hospitals
Life Sciences and Healthcare
Healthcare Services
Pharmaceutical and Biotechnology
Medical Devices
AREAS OF FOCUS
  • Counseling and Compliance
  • Dominant Firm Conduct
  • Government Conduct Investigations
  • Intellectual Property
  • Joint Ventures, Strategic Alliances, and Other Collaborations
  • Legislation and Policy
  • Litigation
  • Mergers and Acquisitions
  • Professional and Trade Associations
EDUCATION
J.D., Order of the Coif, University of California, Berkeley Boalt Hall School of Law, 1980 B.A., magna cum laude, Yale University, 1973
MEMBERSHIPS
  • Inaugural Fellow, Past Vice President, and Member of the Board of Directors, American Health Lawyers Association
  • Co-Chair, Joint Conduct Committee, Antitrust Section, American Bar Association
  • Vice-Chair, Board of Directors, Health Care Incentives Improvement, Inc. (parent of Prometheus Payment, Inc., and Bridges-to-Excellence)
  • Former Chair, Health Care and Pharmaceuticals Committee, State Enforcement Committee, Antitrust Section, American Bar Association
AWARDS / RANKINGS
  • Washingtonian, Washington's Top Lawyers: Health Care, 2014
  • Best of the Best USA, Top 25 for Health Care, 2009-2011
  • Washington, D.C. Super Lawyers, Antitrust Litigation, 2008-2013; Health Care, 2008-2013
  • Chambers USA, Health Care, 2006-2013; Health Care: Regulatory & Litigation, 2011-2013
  • The Best Lawyers in America, Antitrust Law, 2008-2014
  • Legal 500 US, Healthcare and Life Sciences, 2011-2013
  • Nightingale's Healthcare News, Outstanding Health Care Antitrust Lawyer, 2005
  • Guide to the Leading US Health Care Lawyers, 2005